P. v. Payne
Defendant pleaded no contest to petty theft with a prior (Pen. Code, 666)[1]and admitted serving a prior prison term ( 667.5, subd. (b)) in exchange for dismissal of the remaining charges and enhancements with a Harvey[2]waiver. The trial court sentenced defendant to an aggregate term of four years in state prison, consisting of the upper term of three years for the petty theft with a prior, plus one additional year for the prior prison term. In deciding to impose the upper term, the court cited the following circumstances in aggravation: [T]he crime was premeditated, . . . defendants priors are numerous, . . . defendant has served prior prison terms, and . . . defendants prior performance on probation or parole was unsatisfactory. The court found no factors in mitigation. The court imposed a $200 restitution fine ( 1202.4, subd. (b)), a $200 parole revocation fine ( 1202.45), and a $36 theft fine ( 1202.5); ordered defendant to pay victim restitution to Mervyns and/or the State Board of Control and reserved jurisdiction to set or modify the amount; ordered defendant pay a $20 court security fee ( 1465.8) and provide samples ( 296, subd. (a)(1)); and recommended that defendant attend drug and alcohol counseling while in prison ( 1203.096). The court determined that defendant was not entitled to any presentence custody credit. (People v. Bruner (1995) 9 Cal.4th 1178, 1180, 1191, 1195.)
Defendant appeals. He did not obtain a certificate of probable cause. ( 1237.5.)
The judgment is affirmed.
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